2021 LMIA: Hire a Agricultural Temporary Foreign Worker (Non-Seasonal)

Processing fee

The LMIA processing fee does not apply to occupations related to primary agriculture and positions under the National Occupational Classification (NOC) codes 0821, 0822, 8252, 8255, 8431, 8432 and 8611.

Transportation

Employers must always pay for the round-trip transportation costs (for example plane, train, boat, car, bus) of
the temporary foreign worker (TFW) to the location of work in Canada, and back to the TFW‘s
country of permanent residence. These costs must be paid up-front by the employer to ensure that they
are not part of any negotiations related to the employment contract. This process helps protect TFWs,
who may be tempted to accept alternative travel arrangements in return for a job offer.

Employers must keep records (for example invoices, receipts, copies of flight itineraries, tickets, boarding passes)
of all transportation costs paid, for a minimum of 6 years. This information may be required as proof
if employers re-apply for a subsequent LMIA or if they are selected for inspection.

Housing

Employers must provide TFWs with adequate, suitable and affordable housing as defined by the Canadian Mortgage and Housing Corporation. The housing can be either on-farm (for example bunkhouse) or off-site (for example commercial establishment). Employers must ensure the occupancy of each accommodation location does not exceed the maximum occupancy permitted. They must also ensure that sufficient housing will be made available for all TFWs per approved accommodation from the date of arrival to the date of departure.

Employers supplying:

• on-farm housing
  • can deduct a maximum of $30 per week (pro-rated for partial weeks) from the TFW’s wage, unless
    applicable provincial/territorial labour standards specify a lower amount.
• off-site housing – lower-skilled workers
  • can deduct a maximum of $30 per week (pro-rated for partial weeks) from the TFW‘s
    wage, unless applicable provincial/territorial labour standards specify a lower amount.
• off-site housing – higher-skilled workers
  • must ensure that the rent does not cost more than 30% of the TFW‘s gross monthly
    earnings.

If the employer is the leaseholder or the owner of the dwelling, where multiple TFWs are living,
the employer must determine the rent according to the market rate. The rent must be divided equally between TFWs.